§ 28-231. Sale, exhibition or distribution of material harmful to minors.

(a)

The unlawful sale, exhibition, rental, leasing, or distribution of material harmful to minors is the intentional sale, allocation, distribution, advertisement, dissemination, exhibition, or display of material harmful to minors, to any unmarried person under 17 years of age, or the possession of material harmful to minors with the intent to sell, allocate, advertise, disseminate, exhibit or display such material to any unmarried person under 17 years of age, at a newsstand or any other commercial establishment which is open to persons under 17 years of age.

(b)

The term "material harmful to minors" means any paper, magazine, book, newspaper, periodical, pamphlet, composition, publication, photograph, drawing, picture, poster, motion picture film, video tape, figure, phonograph record, album, cassette, compact disc, wire or tape recording or other similar tangible work or thing which exploits, is devoted to or principally consists of descriptions or depictions of illicit sex or sexual immorality for commercial gain, and when the trier of fact determines that the average person applying contemporary community standards would find that the work or thing is presented in a manner to provoke or arouse lust, passion or perversion or exploits sex.

(c)

The term "descriptions or depictions of illicit sex or sexual immorality" includes the depiction, display, description, exhibition or representation of either:

(1)

Ultimate sexual acts, normal or perverted, actual, simulated or animated, whether between human beings, animals or an animal and a human being.

(2)

Masturbation, excretory functions, or exhibition, actual, simulated or animated of the genitals, pubic hair, anus, vulva or female breast nipples.

(3)

Sadomasochistic abuse, meaning actual, simulated or animated, flagellation or torture by or upon a person who is nude or clad in undergarments or in a costume which reveals the pubic hair, anus, vulva, genitals or female breast nipples, or the condition of being fettered, bound or otherwise physically restrained, on the part of one so clothed.

(4)

Actual, simulated or animated touching, caressing or fondling of, or other similar physical contact with, a pubic area, anus, female breast nipple, covered or exposed, whether alone or between human, animals or a human and an animal, of the same or opposite sex, in an act of apparent sexual stimulation or gratification.

(5)

Actual, simulated or animated stimulation of the human genital organs by any device whether or not the device is designed, manufactured and marketed for such purpose.

(d)

It shall be unlawful to invite or permit any unmarried person under 17 years of age to be in any commercial establishment that exhibits or display any item, material, work or thing of any kind that is described in subsection (a) of this section. Lack of knowledge of age or marital status shall not constitute a defense, unless the defendant shows that he had reasonable cause to believe that the minor involved was either married or 17 years of age or more and that the minor exhibited to the defendant a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such a minor was either married or 17 years of age or more.

(e)

The term "exhibition or display" means the exhibition or display of material harmful to minors as defined in subsection (a) of this section so that, as displayed, depictions and representations of illicit sex or sexual immorality are visible to minors, or that an unmarried person under 17 years of age is permitted to see or examine the contents of the material harmful to minors.

(f)

A commercial establishment shall not be in violation of this section if the commercial establishment provides for a separate area for the exhibition or display of material harmful to minors and designates said areas "NOT FOR MINORS" or similar words, and the commercial establishment prohibits unmarried minors under 17 years of age from seeing or examining the contents of material harmful to minors.

(g)

Whoever violates this section shall be fined not less than $100.00 nor more than $500.00, or imprisoned for not more than 60 days, or both.

(Code 2004, § 14.91.11)

State law reference

Sale, exhibition or distribution of material harmful to minors, R.S. 14:91.11.